Florida Contested Will Attorney
When a will's validity is in question — or when a family member has been unfairly cut out — litigation may be necessary. Attorney Clyde Lemon represents both parties contesting a will and estates defending against challenges.
Grounds to Contest a Florida Will
Common grounds include lack of testamentary capacity (the decedent did not understand what they were signing), undue influence (a third party manipulated the decedent), fraud, and improper execution (failure to meet Florida's witnessing requirements).
Undue Influence Claims
Undue influence is the most common basis for will contests in Florida. It occurs when a person in a position of trust — a caretaker, child, or advisor — substitutes their own wishes for those of the testator. Evidence often includes isolation, dependence, and last-minute will changes.
Will Contest Process in Florida
A petition to revoke probate is filed in the probate court. The matter proceeds through discovery, depositions of witnesses, and potentially trial. Settlements — dividing the estate differently — are common and can resolve matters without a full trial.
Frequently Asked Questions
How long do I have to contest a will in Florida?
Generally, you must file an objection within 90 days of receiving formal notice of the will being admitted to probate. Missing this deadline can permanently bar a challenge.
What happens if a will contest is successful?
If a court finds the will invalid, it may admit a prior valid will, or the estate passes under Florida intestacy laws if no valid prior will exists.
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